VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00030
Package ID: USCOURTS-cofc-1_13-vv-00030
Petitioner: Joseph Kowalewski
Filed: 2014-01-14
Decided: 2014-01-24
Vaccine: influenza
Vaccination date: 2011-10-31
Condition: Guillain-Barre Syndrome (GBS), Bell’s palsy
Outcome: compensated
Award amount USD: 165500

AI-assisted case summary:
Joseph Kowalewski filed a petition on January 14, 2014, alleging that he suffered Guillain-Barre Syndrome (GBS) and Bell's Palsy as a result of receiving an influenza vaccine on October 31, 2011. Respondent denied that the vaccine caused the alleged injuries. However, both parties agreed to settle the case through a stipulation filed on January 23, 2014. The court adopted the stipulation, awarding Joseph Kowalewski a lump sum of $165,500.00 for all damages. Additionally, attorney's fees and costs totaling $25,578.00 were awarded jointly to the petitioner and his attorney. The decision was finalized on January 24, 2014.

Theory of causation field:
unclear

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00030-0
Date issued/filed: 2014-01-24
Pages: 7
Docket text: PUBLIC DECISION Signed by Special Master Brian Corcoran. (tjk) Copy to parties.
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Case 1:13-vv-00030-UNJ Document 22 Filed 01/24/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-30V
(Not to be published)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
*
JOSEPH KOWALEWSKI *
* Filed: January 24, 2014
Petitioner, *
* Decision by Stipulation; Damages;
v. * Attorney’s Fees and Costs Influenza
* Vaccine; Guillain-Barre Syndrome
SECRETARY OF HEALTH AND * (GBS); Bell’s Palsy
HUMAN SERVICES *
*
Respondent. *
*
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
John L. Defazio, Niagara Falls, NY, for Petitioner
Lisa A. Watts, Washington, DC, for Respondent
DECISION AWARDING DAMAGES1
On January 14, 2013, petitioner Joseph Kowalewski filed a petition seeking
compensation under the National Vaccine Injury Compensation Program, (Athe Vaccine
Program@).2 Petitioner is alleging that he suffered Guillain-Barre Syndrome (“GBS”), Bell’s
palsy, and their related sequelae as a result of receiving an influenza (“flu”) vaccine on October
31, 2011.
1 Because this decision contains a reasoned explanation for my action in this case, I will post
this decision on the United States Court of Federal Claims’ website, in accordance with the E-
Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as
amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has
14 days within which to request redaction “of any information furnished by that party: (1) that is
a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that
includes medical files or similar files, the disclosure of which would constitute a clearly
unwarranted invasion of privacy.” Vaccine Rule 18(b). Otherwise, “the entire” decision will be
available to the public. Id.
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C.A. ' 300aa-10-' 300aa-34 (West 1991 & Supp. 2002) (“Vaccine Act”). All citations in
this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. ' 300aa.

Case 1:13-vv-00030-UNJ Document 22 Filed 01/24/14 Page 2 of 7
Respondent denies that petitioner’s alleged injuries were caused by the receipt of the flu
vaccine. Nonetheless, both parties, while maintaining the above positions, agreed in a stipulation
filed January 23, 2014 that the issues before them can be settled and that a decision should be
entered awarding petitioner compensation.
I have reviewed the file and, based upon that review, I conclude that the parties’
stipulation is reasonable. I therefore adopt the stipulation as the decision of this proceeding in
awarding damages, on the terms set forth therein.
The stipulation awards:
A lump sum of $165,500.00 in the form of a check payable to Joseph
Kowalewski. This amount represents compensation for all damages that
would be available under 42 U.S.C. §300aa-15(a);
Stipulation ¶ 8(a).
The parties further set forth in their January 23rd stipulation that they had reached the
following agreement with respect to attorney’s fees and costs:
A lump sum of $25,578.00 in the form of a check payable jointly to
petitioner and petitioner’s attorney, John L. DeFazio, MD, Viola,
Cummings & Lindsay, LLP, for [all] attorneys’ fees and costs available
under 42 U.S.C. § 300aa-15(e);
Stipulation ¶ 8(b).3
I therefore approve a Vaccine Program award in the requested amount to be made to
petitioner in the amount set forth above. In addition, I also approve of attorney’s fees and costs in
the requested amount to be made to petitioner and petitioner’s counsel. In the absence of a
motion for review filed pursuant to RCFC Appendix B, the clerk of the court is directed to enter
judgment herewith.4
IT IS SO ORDERED.
/s/ Brian H. Corcoran
Brian H. Corcoran
Special Master
3 This section of the stipulation also contained a statement in accordance with General Order #9
of the Vaccine Program indicating that petitioner had incurred no reimbursable costs in pursuit of
his claim
4 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by filing a joint
notice renouncing their right to seek review.

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